HomeMy WebLinkAbout2015-2885.Brunet et al.19-03-04 DecisionCrown Employees
Grievance Settlement
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2015-2885
UNION# 2016-5112-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brunet et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Nimal Dissanayake
Arbitrator
FOR THE UNION
Tim Hannigan
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Stewart McMahon
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING March 1, 2019
-2-
DECISION
[1] When a grievance dated December 22, 2015, signed by four Correctional Officers
at the Toronto South Detention Centre, Jacqueline Samuels, Maria Walker, Rita
Brunet and Cheryl Richards came before the Board for hearing on September 7,
2017 under article 22.16, union counsel advised that Ms. Samuels had settled her
grievance. The other three grievors were not in attendance. The parties agreed
to adjourn the hearing to the next scheduled hearing date subject to conditions.
[2] When the Board reconvened on September 13, 2017, grievors Walker and Brunet
were in attendance, but not Ms. Richards. In a decision dated September 18,
2017, the Board dismissed the grievance as it related to Ms. Richards in
accordance with the conditions for adjournment agreed upon. It also upheld the
employer’s motion that the “Monk principle”, precluded the grievors from claiming
compensatory relief or damages in this proceeding with respect to the alleged
injuries suffered as a result of exposure to smoke from fires set by inmates at the
correctional institution.
[3] On March 1, 2019, the grievance came back before the Board with respect to the
two remaining grievors, Brunet and Walker. When the Board convened at 10:00
a.m., Counsel advised that only Ms. Brunet was in attendance. The Board advised
that it would recess and reconvene at 11:00 a.m.
[4] At 11 a.m. the Board was advised by union counsel that Ms. Walker was contacted,
that she was at work at the correctional institution, and that he did not expect her
to attend.
[5] The Board is satisfied that Ms. Walker received due notice of the scheduled
hearing of her grievance on March 1, 2019. In the circumstances the Board
dismissed the grievance as it related to Ms. Walker.
-3-
[6] That left Ms. Brunet as the only remaining grievor. The Board provided directions
to both counsel on the nature and the parameters of the evidence that will be
received, and the process that will be followed, with respect to Ms. Brunet’s
grievance.
[7] The hearing will continue in accordance with those directions on March 6, 2019.
The Board remains seized.
Dated at Toronto, Ontario this 4th day of March, 2019.
“Nimal Dissanayake”
______________________
Nimal Dissanayake, Arbitrator